Outline the four factors that have been used for determining an individual’s decision-making competence when his or her ability to consent to mental health treatment is being evaluated.
What will be an ideal response?
Ans: The first factor is the individual’s ability to communicate a choice. This is the simplest of the requirements in that simple communication does not necessarily require understanding. The second is the ability to understand relevant information. This requirement is that the client understands what he or she is being told. This requirement was initially developed in contract law to determine if the person knew the consequences of signing a contract. The third factor is the ability to appreciate the nature of the situation and its consequences. In terms of legal proceedings, this requirement emphasizes that the client understands what a trial is and what its outcomes could mean. Finally, the fourth is the ability to rationally manipulate information. That is, can the person understand and consider alternatives to the information available to him or her. This requirement seeks to determine whether the client can logically and rationally reason in terms of the information he or she has.
Learning Objective: 16.2 Identify the criteria used to determine competency to stand trial.
Cognitive Domain: Analysis
Answer Location: Competency to Stand Trial
Difficulty Level: Medium
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What will be an ideal response?
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